82R18055 JTS-F
By: Smith of Harris H.B. No. 1914
Substitute the following for H.B. No. 1914:
By: Legler C.S.H.B. No. 1914
A BILL TO BE ENTITLED
AN ACT
relating to financial assurance required for certain commercial or
municipal solid waste facilities by the Texas Commission on
Environmental Quality.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.0851 to read as follows:
Sec. 361.0851. ADDITIONAL FINANCIAL ASSURANCE REQUIREMENTS
FOR CERTAIN COMMERCIAL OR MUNICIPAL SOLID WASTE FACILITIES. (a)
The commission shall adopt rules to require additional financial
assurance for a commercial or municipal solid waste facility,
including a facility for which a permit or registration described
by Section 361.085(k) is issued, if the facility:
(1) treats or processes liquid waste or industrial
nonhazardous liquid waste for disposal off-site or for discharge;
(2) has:
(A) a record of significant noncompliance with
permitted limits; or
(B) no compliance record; and
(3) is not owned by, operated by, or affiliated with a
local government or a person that has a permit to dispose of
municipal solid waste.
(b) For the purposes of Subsection (a), a facility has a
record of significant noncompliance with permitted limits if, in
the preceding five years, the owner or operator of the facility:
(1) has been issued by the commission a final order, a
notice of enforcement, or two or more notices of violation alleging
or finding that the facility:
(A) accepted unauthorized waste;
(B) accepted waste in an amount that exceeds a
permit limit by more than five percent; or
(C) discharged water or waste without
authorization; or
(2) has been subject to a civil or criminal penalty for
actions at the facility described by Subdivision (1).
(c) This section does not apply to:
(1) a composting facility;
(2) a site at which sludge is applied; or
(3) a municipal solid waste management facility exempt
from permit requirements under Section 361.111.
SECTION 2. This Act takes effect September 1, 2011.